PATIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals have been filed against the judgment of the learned Additional Sessions Judge, Sirohi dated 23 -12 -1976 by which he convicted the accused -appellants under Section 302 read with Section 149, 447 and 147, IPC and sentenced to life imprisonment and payment of fine of Rs. 500/ - each for the first offence and rigorous imprisonment for three months for the second offence. No separate sentence has been awarded for the third offence. The first appeal has been filed by all the accused -appellants and the second appeal has been filed by three accused -appellants, namely Patia, Binja and Pukhia from jail. The prosecution case may briefly be summarised thus.

(2.) ON 3 -6 -74, a written report was filed in the Police Station, Shivpura (Sirohi) by Bhikugiri PW 1 bearing signatures of Chandmal PW 15, Roop Singh and Keraram also to the effect that in village Surayta, Misria s/o Kanji has been murdered by some -body and his mother Dakhu PW 3 had informed them. Head Constable Anop Singh PW 18 proceeded to the spot along with his party. They reached there in the night. On the next day, site -plan, Panchnama and inquest report were prepared and bloot -stained cloth of the deceased and mud were seized by the police under Section 174, Cr.PC. During these proceedings, it was found that the accused -appellants had committed the murder of Misaria. Accordingly, FIR Ex. P 33 was registered against them under Section 302, IPC. After usual investigation, they were challaned under Sections 302, 149, 147 and 447, IPC in the Court of the Magistrate, Sirohi who committed them to the Court of the Additional Sessions Judge, Sirohi. Prosecution produced 22 witnesses and tendered and proved 49 documents. The accused denied the prosecution story. They did not produce any evidence in their defence. After hearing the parties, the learned Additional Sessions Judge convicted the accused -appellants as said above.

(3.) IN reply, ths learned Public Prosecutor contended that the deceased Misaria had illicit relation with the sister Koili of the accused Patia and Pukhia, they assembled together and formed an unlawful assembly with the common object of doing away with Misaria and in pursuance thereof, they came armed with lathies and an axe at the place of occurrence and seriously injured Misaria.